Colorado Legislative Council Staff



(Replaces fiscal impact dated March 9, 1999)

Drafting Number:

Prime Sponsor(s):

LLS 99-0268

Rep. Paschall



Bill Status:

Fiscal Analyst:

April 23, 1999

House Appropriations

Scott Nachtrieb (303-866-4752)



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

General Fund



State Expenditures

Cash Fund Exempt



FTE Position Change

1.6 FTE

2.0 FTE

Other State Impact: None

Effective Date: 90 days after adjournment unless a petition is filed

Appropriation Summary for FY 1999-2000:

Health and Environment - $67,634 CFE and 1.3 FTE;

Law - $11,226 CFE and 0.3 FTE.

Local Government Impact: None

Summary of Legislation

            The bill, as amended by the House Finance Committee, April 22, 1999, would require the Air Quality Control Commission (AQCC) to, wherever feasible, include local or regional air pollution programs in the State Implementation Plan (SIP) only when the plan or program is required by the federal act to attain or maintain national ambient air quality standards. No Commission rule or regulation could be included in the state SIP unless required by the federal act. The Commission would have to provide a statement to the Legislative Council that there are no programs required in the SIP that are more stringent than federal law. A list of programs not included in the SIP used to prevent air quality deterioration would also be required.

State Expenditures

            Department of Law. The amended bill would require verification that the state SIP does not contain any plan or program not required by the federal law. The initial review of the state SIP’s plans and programs would require 450 hours of legal service review to go through the SIP and determine what is not required by the federal act. This process would begin upon the effective date (approximately August 1, 1999) and be completed by November, 1999. The Attorney General’s office estimates approximately 450 attorney hours at a total cost of $11,226 CFE.

            Department of Public Health and Environment. The Department of Public Health and Environment (DPHE) would have some additional legal service costs for reviewing the state SIP to ensure the plans and programs are required by federal law estimated to be $11,226 GF and 0.3 FTE.

            DPHE would require $67,634 GF and 1.3 FTE in FY 1999-00 to examine the current state SIP to determine if there were provisions that were not included in the federal act and conduct AQQC hearings to modify the current rules. It is assumed that 30 percent of those provisions would not be included in the federal act and would be removed. Alternative programs would have to be implemented. Including legal services from the Department of Law, the DPHE would require $78,860 GF in FY 1999-00 to implement this bill.

            It would take 12 months for the federal Environmental Protection Agency to determine which programs could be implemented. The DPHE would require approximately $100,938 GF and 2.0 FTE in FY 2000-01 to adopt and implement the new rules and regulations for replacement programs that would be considered included in the federal act.

Expenditures Not Included

            Pursuant to the Joint Budget Committee’s budget policies, the following expenditures have not been included in this fiscal note:


               health and life insurance costs; $7,895

               short-term disability costs; $311

               inflationary cost factors;

               leased space; and

               indirect costs. $8,643

State Appropriations


            The Department of Public Health and Environment would require spending authority of $78,860 General Fund and 1.3 FTE in FY 1999-00. Of that amount, the Department of Law would require spending authority for $11,226 CFE plus 0.3 FTE.

Departments Contacted


            Revenue          Law     Public Health and Environment